Bill Text: IL HB4619 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that a child murderer may not reside or loiter with certain areas, schools, or facilities in which children under 18 years of age are present. Prohibits child murderers from knowingly operating, managing, being employed by, volunteering at, being associated with, or knowingly being present at certain events or facilities in which children under 18 years of age may be present. Provides for certain exemptions. Provides that a violation of these provisions is a Class 4 felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-09-30 - Referred to Rules Committee [HB4619 Detail]

Download: Illinois-2009-HB4619-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4619 Introduced , by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED:
720 ILCS 5/9-1.3 new
Amends the Criminal Code of 1961. Provides that a child murderer may not reside or loiter with certain areas, schools, or facilities in which children under 18 years of age are present. Prohibits child murderers from knowingly operating, managing, being employed by, volunteering at, being associated with, or knowingly being present at certain events or facilities in which children under 18 years of age may be present. Provides for certain exemptions. Provides that a violation of these provisions is a Class 4 felony.
LRB096 14471 RLC 29297 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by adding
Section 9-1.3 as follows:
(720 ILCS 5/9-1.3 new)
Sec. 9-1.3. Approaching, contacting, residing, or
communicating with a child within certain places by child
murderers prohibited.
(a) It is unlawful for a child murderer to knowingly be
present in any public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
(b) It is unlawful for a child murderer to knowingly loiter
on a public way within 500 feet of a public park building or
real property comprising any public park while persons under
the age of 18 are present in the building or on the grounds and
to approach, contact, or communicate with a child under 18
years of age, unless the offender is a parent or guardian of a
person under 18 years of age present in the building or on the

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grounds.
(c) It is unlawful for a child murderer to knowingly reside
within 500 feet of a playground, child care institution, day
care center, part day child care facility, day care home, group
day care home, or a facility providing programs or services
exclusively directed toward persons under 18 years of age.
Nothing in this subsection (c) prohibits a child murderer from
residing within 500 feet of a playground or a facility
providing programs or services exclusively directed toward
persons under 18 years of age if the property is owned by the
child murderer and was purchased before the effective date of
this amendatory Act of the 96th General Assembly. Nothing in
this subsection (c) prohibits a child murderer from residing
within 500 feet of a child care institution, day care center,
or part day child care facility if the property is owned by the
child murderer and was purchased before the effective date of
this amendatory Act of the 96th General Assembly. Nothing in
this subsection (c) prohibits a child murderer from residing
within 500 feet of a day care home or group day care home if the
property is owned by the child murderer and was purchased
before the effective date of this amendatory Act of the 96th
General Assembly.
(d) It is unlawful for a child murderer to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she

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believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(e) It is unlawful for a child murderer to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed towards persons
under the age of 18; (ii) day care center; (iii) part day child
care facility; (iv) child care institution; (v) school
providing before and after school programs for children under
18 years of age; (vi) day care home; or (vii) group day care
home. This does not prohibit a child murderer from owning the
real property upon which the programs or services are offered
or upon which the day care center, part day child care
facility, child care institution, or school providing before
and after school programs for children under 18 years of age is
located, provided the child murderer refrains from being
present on the premises for the hours during which: (1) the
programs or services are being offered or (2) the day care
center, part day child care facility, child care institution,
school providing before and after school programs for children
under 18 years of age, day care home, or group day care home is
operated.
(f) It is unlawful for a child murderer to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.

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(g) It is unlawful for a child murderer who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection (g) shall apply
only to leases or other rental arrangements entered into on or
after the effective date of this amendatory Act of the 96th
General Assembly.
(h) It is unlawful for a child murderer to knowingly offer
or provide any programs or services to persons under 18 years
of age in his or her residence or the residence of another or
in any facility for the purpose of offering or providing such
programs or services, whether such programs or services are
offered or provided by contract, agreement, arrangement, or on
a volunteer basis.
(i) It is unlawful for a child murderer to knowingly be
present in any school building, on real property comprising any
school, or in any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation

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and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the
child murderer will be present. Notification includes the
nature of the child murderer's visit and the hours in which the
child murderer will be present in the school. The child
murderer is responsible for notifying the principal's office
when he or she arrives on school property and when he or she
departs from school property. If the child murderer is to be
present in the vicinity of children, the child murderer has the
duty to remain under the direct supervision of a school
official.
(j) It is unlawful for a child murderer to knowingly be
present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted by
a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
(k) It is unlawful for a child murderer to knowingly loiter

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within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in child
review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special
education services, or (iii) attending conferences to discuss
other student issues concerning his or her child such as
retention and promotion and notifies the principal of the
school of his or her presence at the school or has permission
to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of
a public school, if permission is granted, the superintendent
or school board president must inform the principal of the
school where the child murderer will be present. Notification
includes the nature of the child murderer's visit and the hours
in which the child murderer will be present in the school. The
child murderer is responsible for notifying the principal's
office when he or she arrives on school property and when he or
she departs from school property. If the child murderer is to
be present in the vicinity of children, the child murderer has
the duty to remain under the direct supervision of a school
official.

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(l) It is unlawful for a child murderer to knowingly reside
within 500 feet of a school building or the real property
comprising any school that persons under the age of 18 attend.
Nothing in this subsection (l) prohibits a child murderer from
residing within 500 feet of a school building or the real
property comprising any school that persons under 18 attend if
the property is owned by the child murderer and was purchased
before the effective date of this amendatory Act of the 96th
General Assembly.
(m) Definitions. In this Section:
(1) "Child murderer" means any person who has been
charged under Illinois law with first degree murder when
the victim of the offense was under 18 years of age at the
time of the commission of the offense or subject to an
adjudicatory hearing under Article V of the Juvenile Court
Act of 1987 if the child murderer was under 17 years of age
at the time of the commission of the act if committed by an
adult would be first degree murder when the victim of the
act was under 18 years of age at the time of the commission
of the act, or any substantially similar federal law or law
of another state, or the attempt to commit such act or
offense, and:
(A) is convicted of such offense or an attempt to
commit such offense; or
(B) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or

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(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense or
an attempt to commit such offense; or (D) is the
subject of a finding not resulting in an acquittal at a
hearing conducted pursuant to subsection (a) of
Section 104-25 of the Code of Criminal Procedure of
1963 for the alleged commission or attempted
commission of such offense; or
(D) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal law
or the law of another state substantially similar to
subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 of such offense or of the
attempted commission of such offense; or
(E) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a federal
law or the law of another state substantially similar
to subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged violation or
attempted commission of such offense. Convictions that
result from or are connected with the same act, or
result from offenses committed at the same time, shall
be counted for the purpose of this Section as one
conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this Section; or

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(F) is adjudicated delinquent for such act.
(2) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to
any offense listed in paragraph (1) of this subsection (m)
shall constitute a conviction for the purpose of this
Section.
(3) "School" means a public or private pre-school,
elementary, or secondary school.
(4) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school
property or public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school
property, for the purpose of committing or attempting
to commit first degree murder of a person under 18
years of age.
(iii) Entering or remaining in a building in or
around school or public park property, other than the
offender's residence.
(5) "School official" means the principal, a teacher,
or any other certified employee of the school, the
superintendent of schools or a member of the school board.
(6) "Public park" includes a park, forest preserve, or
conservation area under the jurisdiction of the State or a
unit of local government.

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(7) "Facility providing programs or services directed
towards persons under the age of 18" means any facility
providing programs or services exclusively directed
towards persons under the age of 18.
(8) "Playground" means a piece of land owned or
controlled by a unit of local government that is designated
by the unit of local government for use solely or primarily
for children's recreation.
(9) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(10) "Day care center" has the meaning ascribed to it
in Section 2.09 of the Child Care Act of 1969.
(11) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(12) "Day care home" has the meaning ascribed to it in
Section 2.18 of the Child Care Act of 1969.
(13) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(n) Sentence. A person who violates this Section is guilty
of a Class 4 felony.